Fitzgerald v. Commonwealth

BARRY, Senior Judge.

John Patrick Fitzgerald appeals an order of the Court of Common Pleas of Allegheny County which dismissed his appeal and affirmed a one year suspension of his operator’s license by the Department of Transportation (DOT) pursuant to 75 Pa.C.S. § 1547 (refusing to submit to chemical testing). We affirm.

The appellant was involved in an automobile accident. A local police officer was called to investigate. Appellant admitted to the officer that he was drunk. The officer observed that he had a strong odor of alcohol on his breath and was slurring his words. The officer took the…